Loading...
HomeMy WebLinkAbout05-4854KRISTY L. HOCKENBERRY, Plaintiff V. DWIGHT T. HOCKENBERRY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE # _ IVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association p? SAC 3 _z S, l -°cri7 Carlisle, Pennsylvania 17013 717-249-3166 KRISTY L. HOCKENBERRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE DWIGHT T. HOCKENBERRY, Defendant # Oj- 9 F) / CIVIL TERM AFFIDAVIT OF MARRIAGE COUNSELING I, Kristy L. Hockenberry, being duly sworn according to law, depose and say: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's office, which list is available to me upon request. 3. Being so advised, I do request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: % `! 9-OS i ?Z_ I ??o b Kristy Hockenberry, Plaint ff Sworn and subs cri ed o before me this day of September, 2005. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wanda K Hunter, Notary Public Carlisle Boro, Cwteftli! County My Commission E)Ires May 10, 2009 Member, Pennsylvania Association of Notaries KRISTY L. HOCKENBERRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE DWIGHT T. HOCKENBERRY, Defendant # CIVIL TERM COMPLAINT IN DIVORCE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES, Kristy L. Hockenberry, Plaintiff, by her attorney, Ruby D. Weeks, Esquire, who avers as follows: 1. Plaintiff, an adult sui juris, is Kristy L. Hockenberry, a U. S. citizen, who currently resides at 572 Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania 17013, since August 13, 1999. 2. Defendant, an adult sui juris, is Dwight T. Hockenberry, a U. S. citizen, who currently resides at 510 Crains Gap Road, Carlisle, Cumberland County, Pennsylvania 17013, since July 1, 2005. 3. Plaintiff and Defendant have been a bona fide resident(s) in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 29, 1993, at Brethren In Christ Church, Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 6. Neither party is a member of the Armed Forces of the United States. 7. The marriage is irretrievably broken. 8. Plaintiff and Defendant have lived separate and apart since July 1, 2005. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the Court to enter a decree of divorce. COUNT I (A)- INDIGNITIES 3301 (a)(6) of the Divorce Code 11. Paragraphs 1 through 10 are hereby incorporated by reference and made a part hereof. 12. The averments under this Count are not collusive. 13. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. COUNT II - IRRETRIEVABLE BREAKDOWN 3301 (c) of the Divorce Code 14. Paragraphs 1 through 13 are hereby incorporated by reference and made a part hereof. 15. The marriage is irretrievably broken. a. Plaintiff and Defendant have lived separate and apart since July 1, 2005. 16. Plaintiff has been advised as to the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 17. Plaintiff requests the Court to enter a decree of divorce. COUNT III - REQUEST FOR DIVISION OF PROPERTY UNDER SECTION 53502 OF THE DIVORCE CODE is. Paragraphs 1 through 17 are hereby incorporated by reference and made a part hereof. 19. The parties purchased or otherwise obtained during the course of their marriage property which is considered "marital property". 20. Upon entry of a divorce decree, such property should be divided equitably as is just and proper. COUNT IV - CHILD CUSTODY 21. Paragraphs 1 through 20 are hereby incorporated by reference and made a part hereof. 22. There were children born of the marriage: a. David Hockenberry, born January 6, 1995 and Kassie Hockenberry, born May 11, 1997. Said children were not born out of wedlock. 23. Said children are presently in the custody of their mother, Kristy L. Hockenberry, herein, who resides at 572 Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania. 24. During the past five years, the children have resided with the following persons and at the following addresses: b. From birth to August 1999 with Kristy L. Hockenberry and Dwight T. Hockenberry at 66 Fairview Street, Carlisle, Pennsylvania. C. From August 1999 to July 1, 2005 with Kristy L. Hockenberry and Dw ight T. Hockenberry at 572 Hillcrest Drive, Carlisle, Pennsylvania. d. From July 1, 2005 to current with Kristy L. Hockenberry at 572 Hillcrest Drive, Carlisle, Pennsylvania. 25. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. 26. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or in any other Court in any other jurisdiction. 27. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 28. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the children, to intervene. 29. The best interests and permanent welfare of the children and his/her physical, spiritual, emotional and moral well-being will be served by granting the relief requested. 30. Plaintiff requests joint, shared legal custody of the children, with physical custody of the children to be with the mother. Liberal visitation of the children with the father shall be as the Court deems in the best interests of the children. COUNT V - EXCLUSIVE POSSESSION OF MARITAL RESIDENCE 31. Paragraphs 1 through 30 are hereby incorporated by reference and made a part hereby. 32. Plaintiff seeks exclusive possession of the marital property; since Defendant resides with his mother. WHEREFORE, plaintiff prays that a decree in divorce be entered divorcing plaintiff from the bonds of matrimony between the said plaintiff and defendant. Plaintiff requests exclusive possession of the marital residence. (a) As to Count I, that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. (b) As to Count II, in the alternative, should Defendant execute an Affidavit consenting to a divorce because the marriage is irretrievably broken, that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. (c) As to Count III, that this Court determine marital property and order an equitable distribution thereof. (d) As to Count IV upon entry of a divorce decree, such property should be divided equitably as is just and proper. (e) As to Court V that the Plaintiff be granted exclusive possession of marital residence. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. t1 ? Date -q-05 Kristy L. Hockenberry, Plaintif Ruby D. Weeks, Esquire Attorney for Plaintiff 10 West High Street Carlisle, PA 17013 (717) 243-1294 COMMONWEALTH OF PENNSYLVANIA as COUNTY OF CUMBERLAND The above named, Kristy L. Hockenberry, being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint are true and correct, and the Complaint is not made out of levity or by collusion between her and the said Defendant for the mere purpose of being freed and separated from each other, but that it is brought in sincerity and in truth for the cause mentioned in the said Complaint. Kristy L. Hockenberry, Plaintif Sworn and subscribe to before me this / day of September, 2005. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wanda K Hunter, Notary Public Cafte Bom, Cumbodand Cou* My Co Tvftsion EVkw May 10, 2009 Member, Pennsylvania Association of Notaries ? ?? tt? ??, ??^ ? ? -?? "" = U , l." p' ?f, ? c--? ? -,.,5 '-•.. MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this 34 day of 2006, by and between KRISTY L. HOCKENBERRY, hereinafter referred to as Wife, and DWIGHT T. HOCKENBERRY, hereinafter referred to as Husband, WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on May 29, 1993, in Carlisle, Cumberland County, Pennsylvania, and they separated July 1, 2005, and WHEREAS, there has been two children born of this marriage, namely, David Hockenberry born January 6, 1995, and Kassie Hockenberry, born May 11, 1997, and WHEREAS, diverse unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties as a result of which they are living separately and apart; and WHEREAS, the parties desire to confirm their separation and make arrangements in connection therewith, including the settling of their property rights and other rights and obligations growing out of their marriage; and WHEREAS, it is the desire of the parties to effect a complete and full settlement with respect to any and all claims, obligations, rights, duties and responsibilities of the parties with respect to the marriage, including but not limited to financial and property rights and obligations between each other in accordance with the provisions of the Divorce Code. NOW, THEREFORE, considering the above conditions and circumstances, and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, and intending to be legally bound hereby, it is agreed as follows: 1. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem fit. 2. Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other or compel or endeavor to compel the other to cohabited or dwell with him or her. 3. Wife relinquishes her inchoate interstate right in the estate of Husband, and Husband relinquishes his inchoate interstate right in the estate of Wife, and each of the parties hereto, by these presents for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action, or suits at law or in equity, of whatsoever kind of nature, for or because of a matter or thing done, omitted or suffered to be done by said party prior to and including the date hereof, except that this release shall in no way affect any cause of action in any absolute divorce which either party may have against the other, nor shall this release affect any cause of action which either party may have against the other of whatever nature, arising or which may arise, under this Agreement or for the breach of any provision thereof. 4. Nothing contained in this Agreement shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against each other in any jurisdiction based upon any of the grounds for divorce specified in Section 3301 of the Pennsylvania Divorce Code. In the event any such action is pursued or initiated, the parties shall be bound by all the terms of the Agreement. This Agreement may be submitted to the Court for approval pursuant to the Pennsylvania Divorce Code, with a request that it be incorporated into the Final Decree; and, in any event, this Agreement shall survive any Divorce Decree, shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the parties, and continue to be enforceable in accordance with its terns. 5. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code, and have taken into account all considerations set forth therein. The division of existing martial property is not intended by the parties to constitute in any way a sale or exchange of assets, and a division is being effected without the introduction of outside funds or property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights and any other rights of the parties. 6. Except as otherwise specifically set forth herein, the parties have divided between them to their mutual satisfaction the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither will make any claim to any such items which are now in the possession or control of the other. As of the date of the execution of this Agreement, Husband has in his possession and control all items those items of his own personal property and clothing, the gun cabinet, hunting supplies, guns and tools, which shall be deemed his absolute property. All remaining property not otherwise previously distributed shall become the absolute property of Wife.. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto or designated to become their property as provided for herein and, should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph, upon request. The parties hereto are owners as tenants by the entirety of real estate situate at 572 Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania. The parties agree that the wife shall receive sole title to this property, subject to her solely assuming the outstanding balance of approximately $123,000 on the joint Bank of America mortgage and approximately $24,000 on the joint home equity loan through Members First Federal Credit Union. 8. The 1989 Toyota 4x4 vehicle and the 2004 Toyota 4x4 vehicle, currently titled in joint names, shall become the sole and absolute property of Husband, who shall pay all costs of transferring title to himself. Wife relinquishes any and all right, title and interest she may have in said vehicles. There is no debt on the 1989 vehicle, but approximately $20,000 is owed on the 2004 vehicle to Toyota Financial Services. Husband shall solely assume and be responsible for this debt.. Husband agrees to indemnify and. hold harmless the Wife from any responsibility of any kind for repayment of this obligation. 9. The 2004 Honda Accord automobile currently titled in joint names shall become the sole and absolute property of Wife, who shall pay all costs of transferring title to herself. Husband relinquishes any and all right, title and interest he may have in said vehicle. The Wife shall be solely responsible for repayment of the approximately $22,000 debt on this vehicle owed to Members First Federal Credit Union. She agrees to indemnify and. hold harmless the Husband from this obligation. 10. a. The parties have divided between them to their mutual satisfaction all savings and checking accounts heretofore used by them during their marriage and all such savings and checking accounts remaining in their own individual names shall become their own absolute property. b. The parties agree that the party receiving property from individual or joint names to a party's name shall bear the cost of transferring said property. 11. (a) The parties have a Capital One Mastercard Account No. xxx-9955 in the Husband's name with a balance of approximately $21,252, primarily used by Wife for marital purposes. Wife shall transfer ownership of this card to her sole name and shall be solely responsible for repayment of this debt, and Husband agrees to execute any documents necessary for her to do so. (b) The parties jointly have a PSECU Visa credit card ID No. 09-Visa loan with little or no balance at the present time, and the parties hae a Capital One line of credit/personal loan Account No. 0023 in wife's sole name with a balance of approximately $16,000. The parties agree that Husband shall transfer ownership of these accounts to his sole name and he agrees to be solely responsible for repayment of these debts and to indemnify and. hold harmless the Wife from any responsibility of any kind for repayment of these obligation.. 12. Both parties relinquish and waive all right, title, claim or interest either may have in the employee benefits of the other, including but not limited to, profit sharing, retirement plans, pension plans, IRAs, 401 (k)s, as available through the Husband's employment at Anderson, Inc. consisting of Central Pennsylvania Teamsters' Union Pension Fund and Steel Workers' Union benefits with a December 31, 2005, an Anderson defined benefit pension through Morgan Products 401(k) , and his Anderson 401 (k), and the Wife's 401 (k) through employment at Favorite Nurses and Health Management Assoc., Inc. Both parties agree to sign any releases that may be required to effect his or her renunciation of any interest in the other party's pension or retirement plan. 13. FINANCIAL DISCLOSURE (a) The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement (b) The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. (c) Each party acknowledges that they have been informed they may have the right, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the parties' finances. Such information would include, without limitation, their present and past income; and the identity and value of assets both presently owned and transferred previously. Such information may be obtained by one or more of several methods including depositions upon oral examination, written interrogatories, production of documents or entry upon property for inspection. The parties agree to waive any further discovery. (d) The parties further acknowledge their understanding that they each have the right to file Inventories and Appraisement with the Court and to require the other party to do so. Such Inventories and Appraisement require a party to indicate, under oath, information regarding all marital property in which either party has an interest as of the date the action was commenced. Fully knowing the same, each party nonetheless waives their respective rights to request additional discovery be conducted, to file Inventories and Appraisement with the Court, or to require the other party to do so. 14. Each of the parties shall hereinafter own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, acquired after the date of separation of the parties or hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 15. Except as otherwise specifically provided for herein, both parties specifically waive any and all rights they may have at present or hereafter may have for spousal support and further waive any and all rights they may have at present or hereafter may have for alimony, alimony pendente lite or separate maintenance and support as provide in Section 3701 and Section 3702 of the Divorce Code. 16. Each party shall be individually responsible for the payment of his or her own respective attorneys fees and costs both for the negotiation and preparation of this Agreement. Costs of any divorce action, including attorney fees, shall be borne by the party filing such action. The other party shall be responsible for their own attorney fees in connection with the divorce. 17. It is understood and agreed by the parties hereto that Wife and either has filed an action in divorce in the court of Common Pleas of Cumberland County, Pennsylvania in which he has alleged that the marriage is irretrievably broken under Section 3301(c) of the Divorce Code. Both parties further understand and agree that Wife shall continue to pursue said divorce on said grounds and that both parties agree to file the necessary affidavits of consent, waivers of notice, and/or any and all other petitions and documents necessary to effectuate the divorce. Husband and his attorney shall receive a photocopy of said decree from Wife when such is entered. 18. The parties agreed to file jointly their federal and state income tax returns for 2005 and, after repayment of a debt owed to husband's mother, Esther Bloser, of approximately $2500, with the balance of the 2005 tax refunds being divided equally between the parties. The parties agree that for 2006 and years thereafter each shall file individual tax returns. However, the parties agree that due to extraordinary expenses for summer 2006 child care, husband shall waive his right to his share of the 2005 tax refunds and will pay wife $600.00 by Wednesday, August 16, 2006. 19. (A) Life Insurance: Both parties shall continue to maintain all current life insurance poiicies on their lives even in the event their employment changes, naming the Children solely as irrevocable beneficiaries of such policies until such time as each Child reaches the age of twenty-one (21). They shall each provide a written list to the other setting forth the insurance company(s), policy number(s), and principal amount(s) of such insurance as provided above with proof of beneficiary. They also agree not to borrow against or assign said policies without prior written consent of the other party. Both Parties agree to make payment of premiums on the policies on their individual lives so as to continue said coverage as long as each Child is owed a duty of support. The husband currently has a life insurance policy through AIG No. YM00165514 in the face amount of $250,000. The wife currently has a life insurance policy through AIG No. YM00165515 in the face amount of $250,000. (B) Husband's Bonus-Profit-Sharing: The parties agree that the Husband/father shall pay over to David McGranahan as custodian of funds for David and Kassie Hockenberry, the children of the parties, twenty-two per cent (22%) net of any bonus-profit sharing payment to the Husband/father by his employer within ten days of receipt by him. The Husband shall provide to the Wife documentation of the bonus and/or profit sharing received by him from the employer as well as documentation of the payment to the custodian (C) Earrings: The parties agree that diamond earrings which Husband gifted to Wife shall be held by the Wife and given by the parents to the daughter, Kassie, on her twenty-first (21st) birthday. 20. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability other than described in this Agreement on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter instituted seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will, at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. Each party hereby releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement, or under any instrument or documents executed pursuant to this Agreement. 21. Neither parry shall contract any debt or liability for which the other party or his or her property or estate might be responsible, and shall indemnify and save the other harmless from any and all claims and demands made against him or her by reason of the debts or obligations incurred by the other party. 22. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of actual legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 23. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, the Wife from Ruby D. Weeks, Esquire, the Husband from Jeffrey Boswell, Esquire, and each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that the execution on of this Agreement is not the result of any collusion or improper illegal agreements. 24. Each party shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments which may be reasonably required to give full force and effect to the provisions of this Agreement. 25. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter may have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of the Divorce code or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court- ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek relief of any court for the purpose of enforcing the provisions of this Agreement. 26. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 27. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 28. If any terms, condition or clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, operation and effect. 29. This Agreement shall be binding and shall inure to the benefit of the parties hereto and to their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. W ES . Ruby D, We ks, Esquire Jeffrey Doswell, Esquire tt?sty L. ockenberry f?ze?ec, AL) Dwight . Hockenberry ? ? L? s? ?? i - T ?_... _ << t.a cJz ,' ,, .,, ?_ '? ti •L' ?-..o KRISTY L. HOCKENBERRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA y. CIVIL ACTION - LAW CUSTODY DWIGHT T. HOCKENBERRY, Defendant No. #05-4854 CIVIL TERM CUSTODY STIPULATION AND PARENTING AGREEMENT This Parenting Agreement and Custody Stipulation entered into the day and year hereinafter set forth, is by and between Kristy L. Hockenberry, natural mother, by her attorney, Ruby D. Weeks, Esquire, and Dwight T. Hockenberry, natural father, by his attorney Jeffrey R. Boswell, Esquire who aver as follows: 1. Plaintiff is Kristy L. Hockenberry, natural mother and an adult sui juris, who resides at 572 Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania, 17013. II. Defendant is Dwight T. Hockenberry, natural father and an adult sui juris, who resides at 510 Crains Gap Road, Carlisle, Cumberland County, Pennsylvania, 17013. III. Mother and father are the parents of two children, David Hockenberry, born January 6, 1995, and Kassie Hockenberry, born May 11, 1997. IV. The parties, Kristy L. Hockenberry and Dwight T. Hockenberry, agree to the following custody terms regarding custody of David Hockenberry and Massie Hockenberry, and request the terms be entered as an Order of Court: A. The parties shall have joint, shared, legal custody of the children. - 2 - B. The mother shall have actual physical custody of the children, with partial custody awarded to the father as follows: 1. Every other weekend beginning September 30, 2005 from 4:00 p.m. on Friday to Sunday at 8:00 p.m. 2. During the week the father does not have the children for the weekend, he shall have the children two evenings per week from 4:00 p.m. to 8:00 p.m. provided he has given the mother notice of the days he wishes to return the children no later than when he returns the children from his weekend prior. 3. The holiday schedule, which shall take precedence over the weekend schedule is agreed as follows; (a) Thanksgiving Day the children shall be with the mother until 3:00 p.m. for her family's celebration and from 3:00 p.m. to 9:00 p.m. with the father for his family's celebration. (b) The children shall be with the father from 9 a.m. to 5 p.m. on December 24 and on Christmas Day from noon until 9:00 p.m. December 26 each year in even-numbered years beginning in 2006. In odd-numbered years beginning in 2007, the father shall have the children from 5 p.m. December 24 until noon December 25. (c) The parents agree to alternate from 9:00 a.m. to 9:00 p.m. the following holidays: New Year's Eve 2005; - 3 - Easter Sunday and July 4 with the mother having Easter 2006. (d) The father shall always have the children from 9:00 a.m. to 9:00 p.m. for Father's Day, Memorial Day, and Labor Day and the mother for Mother's Day, even if the weekend schedule would otherwise have had the children with the other parent. (e) The parents agree that each parent shall have time with each child to celebrate the child's birthday so as not to interfere with school. They agree they can work out this schedule between themselves. (f) The father shall have partial custody of the children for one week in June, one week in July, and one week in August each year provided he informs mother of the dates selected by April 30 each year. The prior weekend schedule is superseded by the schedule. (g) (i) The parents agree that the paternal grandfather, Glenn Hockenberry, shall not be alone with either child but shall be supervised with the children at all times. (ii) The parents agree that Kassie and David shall never be alone with or out of sight of either parent when with Joshua or Whitney Allen. - 4 - (h) The parents agree at all times to keep each other informed of the others whereabouts of the children, supplying an address and phone number for emergencies. (i) Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the children, to intervene. (j) The father may have partial custody of the children during such additional periods as the parties shall from time to time agree without the need to modify the Order of Court entered as a result of this stipulation. (k) Time is of the essence regarding the father's pickup and return of the children for the periods of the father's partial custody. The parties agree that if the father has not picked up the children within one hour of the set time, that period of partial custody is forfeited by the father and the mother and children are free to make other plans. (1) The parties shall notify each other in a timely fashion if it is necessary due to an emergency or unforeseen circumstance for him or her to be delayed at any of the times set out herein. It is intended; - 5 - however, that time be of the essence, and that the parties as strictly as possible comply with the times set forth herein. (m) The parties will notify and consult with the other party immediately in cases of medical emergencies that occur while the children are in their custody. (n) The father agrees to assure the children's attendance at activities scheduled for the children during his periods of partial custody, such as but not limited to school events, activities, and outings, swimming and other such lessons, birthday, and other parties to which the children are invited by their friends. The parties agree to keep each other timely advised as to these events and activities. (o) Neither parent shall do anything which may estrange the children from the other parent or injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children's love or affection for the other parent. (p) Husband and wife acknowledge that it is in the best interests of the children to have reasonable and liberal contact with both parents so as to maintain a normal parent-child relationship with both parents. - 6 - (q) The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. (r) (i) The parties agree that neither parent shall move to any location that is further than a fifty-mile (50) radius from the other parent's residence. In the event eitherparty moes from Cumberland County, the parents agree to revisit the provision of transportation below. (ii) The father shall pick up the children at the mother's residence, he shall return the children to the mother's residence, but shall not enter the residence unless she invites him to do so. - 7 - (s) Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by t terms hereof, set forth their hands and seals this p4day of , 2006. Ruby D. Weeks, Esquire Attorney for mother 10 West High Street Carlisle, PA 17013 Kristy. HPlaintiff - mother Jeffrey R. Boswell, Esquire Attorney for father 315 North Front Street Harrisburg, Pa. 17108 Dwig T. Hockenberry Defendant - father i - r y C'! ' -t ?? `.tom ?i: ?.; '. s. ..,-, - ` '? ?- "? A i._ G' j ? Y COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND PQ. (?L4 I, DWIGHT T. HOCKENBERRY, being duly sworn according to law do hereby accept service of the Divorce Complaint filed by Kristy L. Hockenberry by mailing the same to me by certified mail , restricted delivery, Certified Mail No. 7003 1010 0001 1186 3266 on September 19, 2005, and acceptance of service on September 20, 2005. DWI HT T. HOCKENB Y Sworn and subscribed to bef re me this ?of 2005. o NotwW SSW V? ??AAaY +0, ? n '?' `-n [i?' '? i ., r'. N ,' `p r G .., Q Kristy L. Hockenberry, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW IN DIVORCE Dwight T. Hockenberry, Defendant No. 05-4854 CIVIL TERM PRAECIPE TO WITHDRAW COUNTS IN DIVORCE TO THE OFFICE OF THE PROTHONOTARY: Please withdraw the previous requests for Count I, III,IV, V, in the above captioned divorce action since these matters have been satisfactorily resolved between the parties through a Property Settlement Agreement entered into August 3, 2006 and a Custody Stipulation and Parenting Agreement entered into August 3, 2006. Dated: 8-24-06" Ruby D. eks, Esquire Attorney for Plaintiff cc: Ruby D. Weeks, Esquire Jeffrey R. Boswell, Esquire ?' t^? ?7 ? G -7 --? ? ,. _?; ".- _,? '_' ;;? _ .. '.-± '?-t '? n? °4 Kristy L. Hockenberry, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE Dwight T. Hockenberry, Defendant NO. 05-4854 CIVIL AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 19, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: Krist7 L. H ckenberry, Plaintiff Sworn and subscribed to before me this day of , 2006. Notary Public j:. Kristll L. Hockenberry, 1 Plaintiff v. Dwight T. Hockenberry, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 05-4854 CIVIL WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER 6 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: II i D Krist?ckenberry, Plainti N _ ? ?"_ `_a Tf 1: ? l _ ' u+ 1 i? I _ r V _ ?? li .i? 1 ??ii Kristi L. Hockenberry, Plaintiff v. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE Dwight T. Hockenberry, Defendant NO. 05-4854 CIVIL AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 19, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated:_ 7 3 D6 Dwight . Hockenberry, Pendant Sworn and subscribed to before me this day of 2006. Notary Public c? _=, c <, _., _ " T _ -- rtt r= rF L-. {t> ". S" it:j N :{ Kristi L. Hockenberry, Plaintiff v. Dwight T. Hockenberry, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 05-4854 CIVIL WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: Dwight -or. Hockenberry, Def dant ,TI -TI cr+ IN THE COURT OF COMMON PLEAS KRISTY L. HOCKENBERRY OF CUMBERLAND COUNTY STATE OF PENNA. PLAINTIFF VERSUS DWIGHT T. HOCKENBERRY DEFENDANT No. 05-4854 CIVIL TERM DECREE IN DIVORCE AND NOW,. ? ptQO?p IT IS ORDERED AND DECREED THAT KRISTY L. HOCKENBERRY ,PLAINTIFF, AND DWIGHT T. HOCKENBERRY DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; A PROPERTY SETTLEMENT AGREEMENT IS ATTACHED AND MADE A PART HEREOF FOR PURPOSES OF ENFORCEMFJVf? ATTEST: J. PROTHONOTARY A v R c T;l SEP ko K 1l1?, BY- KRISTY L. HOCKENBERRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CUSTODY DWIGHT T. HOCKENBERRY, Defendant No. #05-4854 CIVIL TERM ORDER OF COURT r AND NOW, this 8 day of 2004 upon agreement of the parties, the attached Custody Stipulation and Parenting Agreement is made an Order of Court. 3. y D. Weeks, Esquire For Plaintiff /ffrey R. Boswell, Esquire for Defendant O\Q N, BY THE COURT, KRISTY L. HOCKENBERRY, Plaintiff V. DWIGHT T. HOCKENBERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY : No. #05-4854 CIVIL TERM CUSTODY STIPULATION AND PARENTING AGREEMENT This Parenting Agreement and Custody Stipulation entered into the day and year hereinafter set forth, is by and between Kristy L. Hockenberry, natural mother, by her attorney, Ruby D. Weeks, Esquire, and Dwight T. Hockenberry, natural father, by his attorney Jeffrey R. Boswell, Esquire who aver as follows: I. Plaintiff is Kristy L. Hockenberry, natural mother and an adult sui juris, who resides at 572 Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania, 17013. II. Defendant is Dwight T. Hockenberry, natural father and an adult sui juris, who resides at 510 Crains Gap Road, Carlisle, Cumberland County, Pennsylvania, 17013. III. Mother and father are the parents of two children, David Hockenberry, born January 6, 1995, and Kassie Hockenberry, born May 11, 1997. IV. The parties, Kristy L. Hockenberry and Dwight T. Hockenberry, agree to the following custody terms regarding custody of David Hockenberry and Kassie Hockenberry, and request the terms be entered as an Order of Court: A. The parties shall have joint, shared, legal custody of the children. - 2 - B. The mother shall have actual physical custody of the children, with partial custody awarded to the father as follows: 1. Every other weekend beginning September 30, 2005 from 4:00 p.m. on Friday to Sunday at 8:00 p.m. 2. During the week the father does not have the children for the weekend, he shall have the children two evenings per week from 4:00 p.m. to 8:00 p.m. provided he has given the mother notice of the days he wishes to return the children no later than when he returns the children from his weekend prior. 3. The holiday schedule, which shall take precedence over the weekend schedule is agreed as follows: (a) Thanksgiving Day the children shall be with the mother until 3:00 p.m. for her family's celebration and from 3:00 p.m. to 9:00 p.m. with the father for his family's celebration. (b) The children shall be with the father from 9 a.m. to 5 p.m. on December 24 and on Christmas Day from noon until 9:00 p.m. December 26 each year in even-numbered years beginning in 2006. In odd-numbered years beginning in 2007, the father shall have the children from 5 p.m. December 24 until noon December 25. (c) The parents agree to alternate from 9:00 a.m. to 9:00 p.m. the following holidays: New Year's Eve 2005; - 3 - Easter Sunday and July 4 with the mother having Easter 2006. (d) The father shall always have the children from 9:00 a.m. to 9:00 p.m. for Father's Day, Memorial Day, and Labor Day and the mother for Mother's Day, even if the weekend schedule would otherwise have had the children with the other parent. (e) The parents agree that each parent shall have time with each child to celebrate the child's birthday so as not to interfere with school. They agree they can work out this schedule between themselves. (f) The father shall have partial custody of the children for one week in June, one week in July, and one week in August each year provided he informs mother of the dates selected by April 30 each year. The prior weekend schedule is superseded by the schedule. (g) (i) The parents agree that the paternal grandfather, Glenn Hockenberry, shall not be alone with either child but shall be supervised with the children at all times. (ii) The parents agree that Kassie and David shall never be alone with or out of sight of either parent when with Joshua or Whitney Allen. - 4 - (h) The parents agree at all times to keep each other informed of the others whereabouts of the children, supplying an address and phone number for emergencies. (i) Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the children, to intervene. (j) The father may have partial custody of the children during such additional periods as the parties shall from time to time agree without the need to modify the Order of Court entered as a result of this stipulation. (k) Time is of the essence regarding the father's pickup and return of the children for the periods of the father's partial custody. The parties agree that if the father has not picked up the children within one hour of the set time, that period of partial custody is forfeited by the father and the mother and children are free to make other plans. (1) The parties shall notify each other in a timely fashion if it is necessary due to an emergency or unforeseen circumstance for him or her to be delayed at any of the times set out herein. It is intended; - 5 - however, that time be of the essence, and that the parties as strictly as possible comply with the times set forth herein. (m) The parties will notify and consult with the other party immediately in cases of medical emergencies that occur while the children are in their custody. (n) The father agrees to assure the children's attendance at activities scheduled for the children during his periods of partial custody, such as but not limited to school events, activities, and outings, swimming and other such lessons, birthday, and other parties to which the children are invited by their friends. The parties agree to keep each other timely advised as to these events and activities. (o) Neither parent shall do anything which may estrange the children from the other parent or injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children's love or affection for the other parent. (p) Husband and wife acknowledge that it is in the best interests of the children to have reasonable and liberal contact with both parents so as to maintain a normal parent-child relationship with both parents. - 6 - (q) The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. (r) (i) The parties agree that neither parent shall move to any location that is further than a fifty-mile (50) radius from the other parent's residence. In the event eitherparty moes from Cumberland County, the parents agree to revisit the provision of transportation below. (ii) The father shall pick up the children at the mother's residence, he shall return the children to the mother's residence, but shall not enter the residence unless she invites him to do so. - 7 - (s) Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Agreement. 2006. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by t terms hereof, set forth their hands and seals this duday of Ruby D. Weeks,,J Esquire Attorney for mother 10 West High Street Carlisle, PA 17013 Jeffrey R. Boswell, Esquire Attorney for father 315 North Front Street Harrisburg, Pa. 17108 Kristy. HPlaintiff - mother N S Dwig T. Hockenberry Defendant - father - t - ?` ? ? S1 ?? `'?1-, i> ?,'? ?- ??7 N'7 _ ?'t R •? i ?i ?? ?-- ? ??.? ...-? ..? .. ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTY L. HOCKENBERRY, now known No. 4854 for 2005 as KRISTY L. BUSH, : Plaintiff V. DWIGHT T. HOCKENBERRY, Defendant IN CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a j udgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 it NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 KNIGHT & ASSOCIATES, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTY L. HOCKENBERRY, now known No. 4854 for 2005 as KRISTY L. BUSH, Plaintiff V. IN CUSTODY DWIGHT T. HOCKENBERRY, Defendant PETITION TO MODIFY CUSTODY rol AND NOW, this 'day of June, 2009, comes the Petitioner, Dwight T. Hockenberry, by and through his attorney, Sean M. Shultz, Esquire, and files the following Petition to Modify Custody and in support thereof avers as follows: 1. The Petitioner is Dwight T. Hockenberry, an adult individual residing at 117 Brighton Drive, Carlisle, Pennsylvania 17015. 2. The Respondent is Kristy L. Hockenberry, now known as Kristy L. Bush, an adult individual residing at 212 Sunset Drive, Mt. Holly Springs, Pennsylvania 17065. 3. Petitioner seeks a modification of the Order of Court dated September 18, 2006, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A." 4. The parties are the natural parents of the following minor children: Name David T. Hockenberry (David) Kassie M. Hockenberry (Kassie) Present Residence Age 212 Sunset Drive 14 Mt. Holly Springs, PA 17065 212 Sunset Drive 12 Mt. Holly Springs, PA 17065 David and Kassie were not born out of wedlock. David and Kassie are presently in the primary physical custody of Respondent. In addition to Petitioner's and Respondent's present addresses, during the past five years David and Kassie have resided with the following persons and at the following addresses: a. From June of 2004 to July 1, 2005 with the parties at 572 Hillcrest Drive, Carlisle, Pennsylvania; b. From July 1, 2005 to approximately January of 2006 with Respondent at 572 Hillcrest Drive, Carlisle, Pennsylvania; and C. From approximately January of 2006 to June of 2007 with Respondent and her then paramour, Burton Bush, Jr., at 572 Hillcrest Drive, Carlisle, Pennsylvania; The mother of David and Kassie is the Respondent, Kristy L. Bush, who resides at 212 Sunset Drive, Mt. Holly Springs, Pennsylvania. The father of David and Kassie is the Petitioner, Dwight T. Hockenberry, who resides at 117 Brighton Drive, Carlisle, Pennsylvania. The relationship of Petitioner to David and Kassie is that of father. He is married to and currently resides with Dolly M. Hockenberry. 6. The relationship of the Respondent to David and Kassie is that of mother. She is married to Burton Bush, Jr. Respondent currently resides with her husband, David, and Kassie. 7. The Petitioner has previously participated in litigation concerning custody of the above-named children in this Court at the above-referenced docket. An Order of Court was entered on September 18, 2006. Said Order is cited in Paragraph 3 above and attached hereto as Exhibit "A" and by reference incorporated herein. The Petitioner has no knowledge of any custody proceedings concerning the custody of David and Kassie pending before this or any other Court. The Petitioner does not know of a person not a party to the proceedings who has physical custody of David and Kassie or claims to have custody or visitation rights with respect to them. 8. Petitioner requests the following changes be made to the September 18, 2006 Custody Order: a) Petitioner requests a period of partial custody of David and Kassie each Tuesday after school until 8:00 p.m. b) Petitioner requests a period of partial custody of David and Kassie each Wednesday after school until the conclusion of the Wednesday night church service; C) Petitioner requests an every other year rotation for Thanksgiving Day from 9:00 a.m. to 8:00 p.m., with Petitioner having custody on odd-numbered years; d) Petitioner requests an every other year rotation for the Christmas holiday with Petitioner having custody of David and Kassie from 3:00 p.m. on Christmas Eve Day until 3:00 p.m. on Christmas Day on odd-numbered years, and from 3:00 p.m. on Christmas Day until December 26, at 6:00 p.m. on even-numbered years. e) Petitioner requests an every other year rotation for New Years Eve/New Years Day with Petitioner having custody of David and Kassie from 6:00 p.m. on New Years Eve until 9:00 a.m. on New Years Day beginning in 2009. f) Petitioner requests an every other year rotation for the following holidays: Easter, Memorial Day, Fourth of July and Labor Day, from 9:00 a.m. until 8:00 p.m., with Petitioner having custody of David and Kassie on odd-numbered years for Easter, and Fourth of July and even- numbered years for Memorial Day and Labor Day. g) Petitioner requests that paragraph B(3)(g)(ii) be modified to state that David and Kassie are not to participate in overnight activities where Joshua and Whitney Allen are present, unless they are supervised by an adult. h) Petitioner requests shared transportation with Petitioner picking up David and Kassie for his periods of partial custody and Respondent picking them up at Petitioner's residence at the conclusion of Petitioner's periods of partial custody, with the exception of each Wednesday when Petitioner will transport David and Kassie to Respondent's residence after the conclusion of the Wednesday evening church service. 9. Each parent whose parental rights to David and Kassie have not been terminated and the person who has physical custody of David and Kassie have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of David and Kassie. 10. The best interests and permanent welfare of David and Kassie will be met if the custody order is modified as requested because: a) The Petitioner is a fit parent who can take care of David and Kassie; b) The Petitioner can provide David and Kassie with a home with adequate moral, emotional and physical surroundings as required to meet their needs; C) The Petitioner continues to exercise parental duties and responsibilities and enjoys the love and affection of David and Kassie. 11. Respondent is unrepresented in this matter. A copy of this Petition was sent to Respondent at 212 Sunset Drive, Mt. Holly Springs, Pennsylvania 17065. WHEREFORE, the Petitioner respectfully requests Your Honorable Court modify the Custody Order dated September 18, 2006, as requested. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTY L. HOCKENBERRY, now known No. 4854 for 2005 as KRISTY L. BUSH Plaintiff V. IN CUSTODY DWIGHT T. HOCKENBERRY, Defendant VERIFICATION I verify that the statements made in the foregoing Petition to Modify are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. /Zljlw? Dwigh T. Hockenberry \\Carlisle\e\KLaw\Firm Docs\Clients Files\4160-1 Dwight Hockenberry\Dowtments\pet.modify.l.wpd SEP k K Mil- BY 0 KRISTY L. HOCKENBERRY, . IN THE COURT OF COb24ON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CUSTODY DWIGHT T. HOCKENBERRY, Defendant No. #05-4654 CIVIL TERM ORDER OF COURT AND NOW, this t day of ?}''?G'•' 20010 , upon agreement of the parties, the attached Custody Stipulation and Parenting Agreement is made an Order of Court. 7. ,R by D. Weeks, Esquire For Plaintiff - frey R. Boswell, Esquire for Defendant 1 NX 0 BY THE COURT, 11 KRISTY L. HOCKENBERRY, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CUSTODY DWIGHT T. HOCKENBERRY, Defendant #05-4854 CIVIL TERM CUSTODY STIPULATION AND PARENTING AGREEMENT This Parenting Agreement and Custody Stipulation entered into the day and year hereinafter set forth, is by and between Kristy L. Hockenberry, natural mother, by her attorney, Ruby D. Weeks, Esquire, and Dwight T. Hockenberry, natural father, pro se, who aver as follows: I. Plaintiff is Kristy L. Hockenberry, natural mother and an adult sui juris, who resides at 572 Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania, 17013. II. Defendant is Dwight T. Hockenberry, natural father and an adult sui juris, who resides at 510 Crains Gap Road, Carlisle, Cumberland County, Pennsylvania, 17013. III. Mother and father are the parents of two children, David Hockenberry, born January 6, 1995, and Kassie Hockenberry, born May 11, 1997. IV. The parties, Kristy L. Hockenberry and Dwight T. Hockenberry, agree to the following custody terms regarding custody of David Hockenberry and Kassie Hockenberry, and request the terms be entered as an Order of Court: A. The parties shall have joint, shared, legal custody of the children. - 2 - B. The mother shall have actual physical custody of the children, with partial custody awarded to the father as follows: 1. Every other weekend beginning September 30, 2005 from 4:00 p.m. on Friday to Sunday at 8:00 p.m. 2. During the week the father does not have the children for the weekend, he shall have the children two evenings per week from 4:00 p.m. to 8:00 p.m. provided he has given the mother notice of the days he wishes to return the children no later than when he returns the children from his weekend prior. 3. The holiday schedule, which shall take precedence over the weekend schedule is agreed as follows: (a) Thanksgiving Day the children shall be with the mother until 3:00 p.m. for her family's celebration and from 3:00 p.m. to 9:00 p.m. with the father for his family's celebration. (b) The children shall be with the father from 9 a.m. to 5 p.m. on December 24 and on Christmas Day from noon until 9:00 p.m. December 26 each year in even-numbered years beginning in 2006. In odd-numbered years beginning in 2007, the father shall have the children from 5 p.m. December 24 until noon December 25. (c) The parents agree to alternate from 9:00 a.m. to 9:00 p.m. the following holidays: New Year's Eve 2005; - 3 - Easter Sunday and July 4 with the mother having Easter 2006. (d) The father shall always have the children from 9:00 a.m. to 9:00 p.m. for Father's Day, Memorial Day, and Labor Day and the mother for Mother's Day, even if the weekend schedule would otherwise have had the children with the other parent. (e) The parents agree that each parent shall have time with each child to celebrate the child's birthday so as not to interfere with school. They agree they can work out this schedule between themselves. (f) The father shall have partial custody of the children for one week in June, one week in July, and one week in August each year provided he informs mother of the dates selected by April 30 each year. The prior weekend schedule is superseded by the schedule. (g) (i) The parents agree that the paternal grandfather, Glenn Hockenberry, shall not be alone with either child but shall be supervised with the children at all times. (ii) The parents agree that Kassie and David shall never be alone with or out of sight of either parent when with Joshua or Whitney Allen. - 4 - (h) The parents agree at all times to keep each other informed of the others whereabouts of the children, supplying an address and phone number for emergencies. (i) Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the children, to intervene. (j) The father may have partial custody of the children during such additional periods as the parties shall from time to time agree without the need to modify the order of Court entered as a result of this stipulation. (k) Time is of the essence regarding the father's pickup and return of the children for the periods of the father's partial custody. The parties agree that if the father has not picked up the children within one hour of the set time, that period of partial custody is forfeited by the father and the mother and children are free to make other plans. (1) The parties shall notify each other in a timely fashion if it is necessary due to an emergency or unforeseen circumstance for him or her to be delayed at any of the times set out herein. It is intended; - 5 - however, that time be of the essence, and that the parties as strictly as possible comply with the times set forth herein. (m) The parties will notify and consult with the other party immediately in cases of medical emergencies that occur while the children are in their custody. (n) The father agrees to assure the children's attendance at activities scheduled for the children during his periods of partial custody, such as but not limited to school events, activities, and outings, swimming and other such lessons, birthday, and other parties to which the children are invited by their friends. The parties agree to keep each other timely advised as to these events and activities. (o) Neither parent shall do anything which may estrange the children from the other parent or injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children's love or affection for the other parent. (p) Husband and wife acknowledge that it is in the best interests of the children to have reasonable and liberal contact with both parents so as to maintain a normal parent-child relationship with both parents. - 6 - h (q) The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. (r) (i) The parties agree that neither parent shall move to any location that is further than a fifty-mile (50) radius from the other parent's residence. In the event eitherparty moes from Cumberland County, the parents agree to revisit the provision of transportation below. (ii) The father shall pick up the children at the mother's residence, he shall return the children to the mother's residence, but shall not enter the residence unless she invites him to do so. - 7 - is (s) Any-modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by t terms hereof, set forth their hands and seals this day of 2006. Ruby D. Weeks, Esquire Attorney for mother 10 West High Street Carlisle, PA 17013 Jeffrey R. Boswell, Esquire Attorney for father 315 North Front Street Harrisburg, Pa. 17108 Kristy . Hockenberry Plaintiff - mother 19" S Dwig T. Hockenberry Defendant - father - b - v, • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTY L. HOCKENBERRY, now known No. 4854 for 2005 as KRISTY L. BUSH, Plaintiff V. IN CUSTODY DWIGHT T. HOCKENBERRY, Defendant CERTIFICATE OF SERVICE AND NOW, this 23`d day of June, 2009, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following with a copy of the foregoing Petition to Modify Custody by first class, United States Mail, postage pre-paid, addressed as follows: Kristy L. Bush 212 Sunset Drive Mt. Holly Springs, Pennsylvania 17065 Respondent Respectfully submitted, KNIGHT & ASSOCIATES, P.C. Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Petitioner OF TH-c- 7', r n, i , .;:: is I a:3 n,oo . wu??j KRISTY L. HOCKENBERRY NWA KRISTY L. BUSH PLAINTIFF V. DWIGHT T. HOCKENBERRY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-4854 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 30, 2009 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, July 20, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be beard by the court, and to enter into a temporary order. Failure to appear at the conference may provide -grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney, EsqW14- The Custody Conciliator Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE "PHIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 THE 1G9 J-!L - ! Pi's 3: 1 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTY L. HOCKENBERRY, now known No. 4854 for 2005 as KRISTY L. BUSH Plaintiff V. IN CUSTODY DWIGHT T. HOCKENBERRY, Defendant CERTIFICATE OF SERVICE k AND NOW, this day of June, 2009, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy of the Petition to Modify Custody Order filed in the above-referenced matter. The Complaint was mailed on June 23, 2009, but actual service took place on June 29, 2009, by Defendant's husband signing for a copy which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Postage Prepaid, addressed as follows: Kristy L. Bush 212 Sunset Drive Mt. Holly Springs, Pennsylvania 17065 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 \\Carlisle\e\KLaw\Firm Docs\Clients Files\4160-1 Dwight Hockenbetry\Dowments\cert.savice.wpd Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2(2-, SVV15e4' 1r- -in 1-C A. S" nature z X _ ? Agent ? Addressee Received Printed N C. Date of Delivery 0. Is delivery address different from Item 17 0 Yes If YES, enter delivery address below: No 3. Sere e Type % Certified Mail 0 Express Mail ? Registered 0 Return Receipt for Merchandise ? Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article f - (7ransfe. 7008 1140 0004 4868 5543 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 RLED-C i C OF THE P: ", ,H'---''OTt' 4Y 2009 JU -2 AM ! l • 4 J CVtM 1 5 rEN JUL 212009 c, KRISTY L. HOCKENBERRY, : IN THE COURT OF COMMON PLEAS OF N/K/A KRISTY L. BUSH, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . V. : NO. 2005-4854 CIVIL ACTION - LAW DWIGHT T. HOCKENBERRY, : Defendant : IN CUSTODY ORDER OF COURT AND NOW, this z I ` day of q&S , 2009, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. The prior Order of Court dated September 18, 2006 shall remain in full force and effect with the following modifications and additions. 2. Father shall have physical custody of the children every Tuesday from after school until 8:00 p.m. 3. Father shall have physical custody of the children every Wednesday from after school until the conclusion of the Wednesday night church service. 4. In even numbered years, Thanksgiving shall be shared such that Mother shall have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the children from 3:00 p.m. to 9:00 p.m. In odd numbered years, Mother shall have physical custody of the children from 9:00 a.m. to 1:30 p.m. Father shall have physical custody of the children from 1:30 p.m. to Friday at 10:00 a.m. 5. Christmas shall be divided into two blocks. Block A shall be from Christmas Eve at 5:00 p.m. to Christmas Day at 1:00 p.m. Block B shall be from Christmas Day at 1:00 p.m. to December 26 at 6:00 p.m. Father shall Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. 6. New Year's Day/New Year's Eve shall be alternated from year to year from 6:00 p.m. New Year's Eve to 9:00 a.m. New Year's Day. Father shall have physical custody of the children for 2009/2010. 7. Easter, Memorial Day, July 4th and Labor Day shall be alternated between the parties from 9:00 a.m. to 8:00 p.m. Father shall have physical custody of the children in odd numbered years for Easter and July 4th and in even numbered years for Memorial Day and Labor Day. Mother shall have physical custody of the children in even numbered years for Easter and July 4th and in odd numbered years for Memorial Day and Labor Day. 8. Allen children: A. Neither child is permitted to be alone with Joshua or Whitney Allen in the Allen home without one of the parties being present. B. Neither child is permitted to be alone with Joshua or Whitney Allen with only the Allen parents supervising. C. The children may participate in an overnight activity where Joshua or Whitney Allen are present with the supervisor being one of the parties or a third party agreed to by the parties is supervising. D. The children may participate in a daytime or evening activity where Joshua or Whitney Allen is present provided the supervisor is advised that the Hockenberry children and the Allen children are not to be alone and this condition must be strictly followed. 9. Transportation shall be shared such that the receiving party shall transport, except on Wednesdays, when Father shall return the children to Mother's home. 10. Before scheduling appointments for the children during Father's periods of physical custody, Mother shall consult with Father as to his availability. 11. The parties shall have liberal telephone contact with the children. 12. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. i cc Shultz, Esquire, Counsel for Father ndsay D. Baird, Esquire, Counsel for Mother KRISTY L. HOCKENBERRY, N/K/A KRISTY L. BUSH, Plaintiff V. DWIGHT T. HOCKENBERRY, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-4854 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF David T. Hockenberry January 6, 1995 Mother Kassie M. Hockenberry May 11, 1997 Mother 2. A Conciliation Conference was held in this matter on July 20, 2009, with the following in attendance: The Father, Dwight T. Hockenberry, with his counsel, Sean M. Shultz, Esquire, and the Mother, Kristy L. Hockenberry, NWA Kristy L. Bush, with her counsel, Lindsay D. Baird, Esquire. 3. The Honorable Kevin A. Hess previously entered an Order of Court by stipulation of the parties dated September 18, 2006 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends, two evenings per week and holidays. 4. The parties agreed to an Order in the form as attached. 7'U ,?,c3 Yl?. Date acq line M. Verney, Esquire Custody Conciliator RLEG-4C)FFICE OF THE P"f'.???"CNOTARY ZN9 JUL 21 PM 4: 10 PENNSYLVANIA